Coverage Explained

Roofing Workers’ Comp by State: How the Rules Differ

Two roofers working across an unfinished roof, one on bare decking and one on laid shingles, with an air hose trailing behind them

Workers’ compensation for a roofing contractor is not one rule applied everywhere. Where your crews work decides whether coverage is a license condition, a legal requirement, an employer’s choice, or something you buy from the state itself. This post compares California, Illinois, Texas and the four state-fund states: North Dakota, Ohio, Washington and Wyoming.

It is a comparison, not a rulebook. For the coverage itself, see the workers’ compensation page; for the rules in a single state, use that state’s Roofing Guard page.

Why the answer changes at the state line

Workers’ compensation is a state system. Each state decides which employers must provide it, how they prove it, what happens when they do not, and whether the coverage comes from private insurers or from a state-administered fund. A roofer who sends a crew across a state line is working under a second rule set.

In roofing, several states single out construction as extra-hazardous or tie licensing to proof of coverage, so the roofing license and the comp policy can be connected. The sections below take the clearest examples one at a time.

California: coverage is tied to the license

California’s licensing board is direct about it. Its workers’ compensation page says all active contractors holding the roofing classification, along with several other trades, are required to carry workers’ compensation insurance or a valid certificate of self-insurance, whether or not they have employees. The board cites the Business and Professions Code as the source of that requirement.

The board’s exemption page closes the obvious door. It says you cannot be exempt from workers’ compensation if you hold the roofing classification, and it lists the same bar for a qualifier who is a responsible managing employee and for any license holder with employees. The board also says that failure to maintain coverage will result in the license being suspended, and that work performed during a suspension is considered unlicensed. In the board’s account, then, a lapse in workers’ compensation coverage leads to a license suspension. The state’s Department of Industrial Relations adds the general rule that California employers are required by law to have workers’ compensation insurance, even if they have only one employee. The California state page carries the local picture.

Illinois: construction is extra-hazardous

Illinois starts from a different place. The Illinois Department of Insurance (IDOI) says that employers in extra-hazardous occupations, such as construction, must have workers’ compensation insurance. The Workers’ Compensation Act itself says it applies automatically to employers engaged in the erection, maintaining, removing, remodeling, altering or demolishing of any structure, among the enterprises it declares extra-hazardous.

The enforcement side is specific. IDOI explains that a business declared extra-hazardous can receive a work-stop order, requiring it to cease all operations, even before a hearing. IDOI also says an employer that knowingly fails to provide coverage loses the protection the Act gives employers, and that corporate officers who negligently fail to provide it may be guilty of a Class A misdemeanor.

Licensing reinforces it. The Illinois Department of Financial and Professional Regulation (IDFPR) roofing license application asks whether the business has employees and, if it does, requires proof of workers’ compensation insurance or an approved self-insurance certificate. The application also notes that IDFPR can refuse or revoke a license for a business found to have failed to secure its workers’ compensation obligations. The Illinois Workers’ Compensation Commission says Illinois law requires most employers to provide workers’ compensation insurance, and it publishes an employer insurance coverage search for employers that have bought a policy or obtained approval to self-insure. The owner’s own coverage has a rule too. IDOI says sole proprietors, bona fide corporate officers, business partners and members of limited liability companies may elect to come under the Act or choose not to. IDOI says this election does not apply to employers in extra-hazardous occupations. The Illinois state page carries the rest of the local picture.

Texas: the employer’s choice

Texas is different again. The Texas Department of Insurance says that private employers can choose to carry workers’ compensation coverage, and that it is not required in most cases. The department calls employers that choose not to provide it non-subscribers.

Choosing that route carries obligations of its own. According to the Texas Division of Workers’ Compensation’s non-subscriber page, employers without coverage must post a notice of no coverage in the workplace, give written notice of no coverage to new employees, and file notices with the division. The Texas Department of Insurance explains why the choice is not trivial: its employer FAQ says workers’ compensation coverage limits an employer’s liability if an employee sues, except in cases of gross negligence resulting in a fatality.

The Texas Department of Insurance says all Texas governmental entities must have workers’ compensation coverage, so a roofer working on public jobs should check what the contract and the awarding agency require before assuming the elective rule applies. For a roofing owner, the useful point is that in Texas the policy is a decision, and the decision belongs with an advisor and an attorney. The Texas Division of Workers’ Compensation lists the Labor Code provisions that govern non-subscribers on its non-subscriber page, so the rules are published where an owner can read them. The Texas state page covers how the market there works.

The four state-fund states

North Dakota, Ohio, Washington and Wyoming do things differently. The National Council on Compensation Insurance notes that these four states administer their own plans and rates, outside the national experience rating plan. For a roofing contractor, that means premium is paid into a state-administered fund.

The statutes show the shape of each. Ohio’s code says every private employer pays premium into the state insurance fund in the amount the administrator fixes by classification, rules and rates, and it separately provides for employers who meet the administrator’s requirements to self-insure. Washington’s statute says an employer must secure payment of compensation by insuring with the state fund or qualifying as a self-insurer, and a companion section says there is a hazard in all employment and that the title is meant to embrace all employments. North Dakota’s code says each employer pays into the fund the premium and assessment its organization determines from published classifications, rules and rates, based on a proportion of the annual expenditure of money by the employer for the service of persons subject to the title. Wyoming’s act applies to construction as an extrahazardous employment and describes its program as self-supporting, with employments divided into classes.

What they share is a state-administered fund that premium goes into. Each has its own page here: North Dakota, Ohio, Washington and Wyoming.

How workers’ compensation reaches a roofing contractor depends on the state A diagram with a header reading where the crew works. Lanes branch from it. California ties coverage to the roofing license. Illinois requires coverage because construction is extra-hazardous. Texas lets private employers choose between subscribing and operating as a non-subscriber. The state-fund states have the state administer the fund and set classifications and rates. Each lane ends in the same question: what proof does the state accept. No dollar amounts, rates, or figures are shown. Where the crew works decides the rule California Tied to the roofing license Illinois Required for construction Texas Employer chooses State funds State runs the fund Every lane ends at the same question: what proof of coverage does this state accept?
The same crew, the same roof, a different rule in each state: license condition, legal requirement, employer’s choice, or state-administered fund.

What stays the same in every state

Underneath the differences, the cost mechanics are broadly shared. Payroll sets the rating basis, the work is assigned to a classification, and the policy is reconciled against actual payroll at the end of the term. In the states that use the national experience rating plan, your own loss history then adjusts the result. That plan does not apply in California or in the state-fund states, which have their own bureaus or funds, so the same crew can be rated through a different mechanism in each. How roofing workers’ comp rates are built walks those mechanics, and it deliberately carries no figures.

For how a fall loss moves through the comp system, see the falls from height post.

Real-World Scenario: A roofing contractor based in one state wins a storm job across the border and sends a crew. The owner assumes the home-state policy answers every question. It does not: the new state may treat construction as extra-hazardous, may tie coverage to a license, or may run its own state fund with its own rules. The owner who checks the rule before the crew drives over finds out what proof the state wants and whether the existing policy extends. The owner who does not finds out when an agency or a general contractor asks.

What to confirm before you send a crew

Start with these questions. First, does the state require coverage for your trade, and what proof does it accept? Second, if the state runs a fund, do you deal with the state directly, and does a private policy still matter for the rest of your insurance? Third, if the state lets you choose, who advises you on the choice, and what notices does the choice require?

State-by-state detail is in the individual guides: California, Houston, Texas, Chicago, Illinois, Ohio, Virginia.

When you add crews or cross state lines, the staffing side matters too. The hiring and retaining roofing crews post covers the owner’s side of that growth. When you are ready to talk through your own states, start a quote and tell us where your crews work. The rules above are a starting map, and your state agency has the last word.

The bottom line

Workers’ compensation for a roofing contractor is not one rule applied everywhere. California’s licensing board says roofing contractors must carry workers’ compensation or a certificate of self-insurance. Illinois’s insurance department treats construction as extra-hazardous and says coverage is required. The Texas Department of Insurance says private employers can choose whether to carry coverage, so a roofer there decides between subscribing and operating as a non-subscriber. NCCI describes North Dakota, Ohio, Washington and Wyoming as the four monopolistic states that administer their own plans and rates, and the Ohio, North Dakota and Washington statutes point employers to a state fund. The practical result is that where your crews work decides who you buy comp from, what is optional, and what a missing policy costs you. This is general education, not legal advice; confirm the rule with your state agency before you rely on it.

Frequently asked questions

Is workers’ comp required for roofers in every state?

No. California’s licensing board says roofing contractors must carry it, and Illinois’s insurance department says employers in extra-hazardous occupations such as construction must. The Texas Department of Insurance says private employers can choose whether to carry it. NCCI says North Dakota, Ohio, Washington and Wyoming administer their own plans and rates. The rule that applies depends on where the crew works. Check the workers’ comp agency in each state you operate in.

Does California require a roofing contractor to carry workers’ comp?

Yes, according to California’s licensing board. It says active roofing contractors must carry workers’ compensation or a certificate of self-insurance whether or not they have employees, and its exemption page says a license holder in the roofing classification cannot claim an exemption. The board also says failure to maintain coverage will result in the license being suspended.

Can a Texas roofer skip workers’ comp?

The Texas Department of Insurance says private employers can choose whether to carry it. Its Division of Workers’ Compensation says employers without coverage must post a notice of no coverage in the workplace, give written notice to new employees and file notices with the division. The department also says coverage limits an employer’s liability if an employee sues, except in cases of gross negligence resulting in a fatality.

What is a state fund, and which states use one?

A state fund is a workers’ compensation program the state itself administers, so employers pay premium into the fund the state administers. North Dakota, Ohio, Washington and Wyoming operate this way. Each sets its own classifications and rates, and some allow qualified employers to self-insure. If you work in one of them, check the state agency’s rules for what the fund covers.

Do Illinois roofers have to carry workers’ comp?

Yes. The Illinois Department of Insurance says employers in extra-hazardous occupations, such as construction, must have workers’ compensation insurance. IDOI says a business declared extra-hazardous can receive a work-stop order, and that an employer that knowingly fails to provide coverage loses protections the Act gives employers. The IDFPR roofing license application also asks about employees and proof of coverage.

Where can I see how my state handles roofing comp?

Start with your state’s workers’ compensation agency or insurance department. Then read the Roofing Guard state page for each state you work in, which summarizes the rule in plain terms. This post compares California, Illinois, Texas and the four state-fund states; it does not replace the agency’s own guidance for your situation.

About the author

Nate Jones, CPCU

Nate Jones, CPCU, is the founder of Wexford Insurance and Roofing Guard Insurance, a specialty insurance agency placing roofing contractor coverage in 48 states across a 16-carrier specialty panel. He places workers’ compensation for roofing contractors, which means the same owner can ask him the same question about different states and get different answers. He reads state statutes and agency pages for a living because the rule that governs a crew in one state does not necessarily travel to the next. Connect via the Roofing Guard Insurance quote form or call 317-942-0549.

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